Who is Responsible for a Rollover Truck Accident?

By Gabriel Levin on December 9th, 2014

rollover truck accidentAny type of accident involving a large commercial truck can be frightening and can cause serious damage and injury. However, rollover accidents [1] can be particularly devastating. In a rollover accident, the trailer of a semi-truck falls over onto its side, often in the path of several lanes of traffic. This can cause numerous collisions or a chain reaction collision that can cause injury to many different motorists in many different vehicles. Additionally, the cargo of a truck can often spill out onto the road, which can cause additional accidents or even explosions if the truck is hauling gasoline or other chemicals. As you can imagine, rollover truck accidents often leave devastation in their wake.

Causes of rollovers

Because so many factors and so many parties may be involved in a rollover truck accident, it is often very complicated to determine who was at fault for the accident. Some of the primary causes for rollover accidents may include the following:

  • Taking turns too quickly
  • Speeding
  • Improperly balanced cargo
  • Hitting a curb or object
  • Improper braking
  • Dangerous roads
  • High winds
  • Tire blowouts

You must first determine the initial cause of the accident before you can determine liability.

Who is liable?

Once you identified the cause of the accident, you can identify whether any party acted with negligence. [2] Such parties that may be held liable for rollover truck accidents include:

  • Trick driver if the accident occurred due to driver error
  • Manufacturer or maintenance team if a tire was defective or poorly maintained
  • Cargo loaders if the cargo was not loaded properly
  • Another motorist if they caused the truck driver to lose control
  • Municipality if the accident was caused by dangerous road hazards

As you can see, many different parties may be at fault, and determining who was liable can often require extensive investigation and accident reconstruction. [3]

Because you do not want to risk filing a legal claim against the wrong party, it is always important that you seek the assistance of an experienced personal injury attorney as soon as possible. A lawyer will have the resources to help you determine who was liable so that you may recover from the negligent party.

[1] http://en.wikipedia.org/wiki/Rollover

[2] http://en.wikipedia.org/wiki/Negligence

[3] http://www.actar.org/

 

 

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